Legislative Review for March 9

March 9, 2014

I'm pleased to report that HB4618, legislation I co-sponsored that is aimed at ensuring that students are demonstrating grade-level proficiency in reading by the end of third grade, has gained passage in both the House and Senate and is awaiting signature by the governor.

According to an article in the latest newsletter of the National Conference of State Legislators, early literacy has proven to have a significant relationship with graduation rates. Research indicates that third graders who are not reading at grade level are among the most vulnerable to drop out of school later. The Foundation for Excellence in Education found that 88 percent of students who failed to earn a high school diploma were struggling readers in third grade.

How, you might ask, does West Virginia fare in early literacy? According to a report by West Virginia Kids Count chronicled in a Sept. 30, 2013, Charleston Gazette article, based on standardized test data, 73 percent of West Virginia fourth-graders are not reading at grade level. That ranks West Virginia 40th in the nation in reading proficiency. In fact, only six of the state's 55 school districts had more than half of their students reading proficiently by the end of the third grade: Clay, Putnam, Pendleton, Ohio, Brooke and Hancock counties.

As Kids Count executive director Margie Hale put it, "We are failing our youngest children by not preparing them to be good readers and successful learners. We can and must do better."

DELEGATE TIFFANY LAWRENCE

65th District

As the final week of the regular session comes to a close, I sit and reflect on the last 60 days of challenging debates, hours of bill drafting and crafting amendments, and numerous discussions with constituents and colleagues. And, although the days in the capitol run long and emotions usually run high, I continue to be thankful for the opportunity to serve as a representative for my home county of Jefferson and our unique Eastern Panhandle.

This session I have engaged with individuals from all walks of life, both young and old, and hundreds of people actively advocating for one issue or another. This part of the process is the part which I enjoy the most.

The great ideas and policy discussions that arise from these conversations are what drive my motivation to fight for not only Jefferson County, but for the future of West Virginia.

I am most proud of the work that has been done to ensure that our West Virginia drinking water will be safe in future years. Both the House and Senate have come together to pass legislation that will ultimately protect our citizens.

Additionally, I have fought to protect our county revenues, to make certain that our school children have adequate services and to ensure that our teachers are fairly compensated. I have passed legislation that will create jobs in the medical field, and passed measures that keep electronic cigarettes out of the hands of our youth.

DELEGATE MIKE FOLK

63rd District

This week is the final week of the regular session in the legislature, which will conclude Saturday at midnight. The Governor has extended the session through Wednesday for the sole purpose of completing the state budget. This has become a monumental task this session a lot of taking from Peter to pay Paul, as the old expression goes! The financial gimmickry done in state budgeting would run any household into bankruptcy in very short order.

The "water bill," SB373 was the major legislation passed out of the House this week after multiple amendments and now we'll see whether the Senate accepts the version from the house. HB4310 which was similar to HB2911, of which I was one of eleven sponsors, died at the hands of the Senate Majority leadership. This bill would have prevented private information from being made public involving concealed carry permit information. This would have prevented what occurred in New York, where a newspaper published an interactive map of concealed carry private information.

Finally, I would like to thank Tiffany Tabler for making multiple trips to Charleston to assure the passage of SB378, which will hopefully prevent future tragedies similar to the one she and her family endured when her husband was killed while working on a sanitation truck last year. She received a standing ovation in the House for her courage to try to prevent future tragedies. Senator Cookman was the sponsor of this legislation and should also be thanked.

DELEGATE JOHN OVERINGTON

62nd District

As I write this on Thursday, many issues are still being worked on and headed toward passage. The Dangerous Wild Animal Act (HB4393) would restrict owning a 2-ton "pet" rhinoceros or hippopotamus.

It would establish enclosure requirements for wild, dangerous and non-native animals such as tigers, jaguars, grizzly bears, alligators and cobras. The recent problem of an alligator being found near a park where children play is what this bill is designed to stop so the public will not be threatened by runaway wild animals.

A bill (SB583) to assist the agriculture commissioner in raising funds for spaying and neutering cats and dogs would help in the overpopulation of these animals.

Cities are reined in from passing restrictions on Second Amendment rights (SB317) by overzealous mayors and councils.

HB4267, legalizing the sale of fireworks in West Virginia, passed. Some of the money generated from the sales would go toward creating a Veterans Program Fund. The effective date for that bill is July 1, allowing four days to make purchases before Independence Day.

My amendment to change from 3 a.m. to 2 a.m. the time West Virginia bars close was stripped out of the bill (HB4454) by the Senate. Unfortunately, this action keeps the incentive for intoxicated drivers from out-of-state coming to West Virginia from a neighboring state that closed its bars an hour or two earlier. The state police have documented a much higher percentage of out-of-state DUI drivers between 2 a.m. and 4 a.m. than during other times.

DELEGATE JASON BARRETT

61st District

As we conclude this year's Legislative Session, I'm proud to report that the legislature worked hard this year to support our teachers. Both the Senate and the House worked together to ensure a pay raise for teachers across the board. Teachers are so important to the future of our state. We trust them to create bright, hardworking young adults who can improve the great state of West Virginia. This pay raise will provided a more competitive salary and help to attract educated, well-qualified teachers to work in the state.

Additionally, the Legislature has passed a bill that will prohibit school administrators from requiring a teacher to attend meetings, training or any other work-related event during a planning period with the exception of occasional conferences with teachers, such as team meetings or evaluation conferences. This bill ensures teachers that they will have adequate time to plan and prepare lessons for their students and, therefore, should provide students with a better quality of education.

The Small Business Emergency Act, which I co-sponsored, also completed legislation. This bill would provide small businesses located in areas under a state of emergency with immediate emergency financial assistance. Many small businesses were devastated after the recent chemical spill and were unable to operate for several days. This legislation ensures that we will support our small business in times of emergency and make certain they are not punished for matters outside of their control.

DELEGATE LARRY FAIRCLOTH

60st District

This week is the final week of the 2014 Legislative Session. I will be the first to say that I am not impressed with how little has been done for the people of West Virginia. But in some cases little gains can be beneficial. After all, if 200 new bills are made into law, that is 200 more regulations on the people. I can say that we finally got a working water bill that would help with the protection of the water supplies for the people and would not impact taxpayers as first expected. It also appears the general sales tax raise, tobacco tax raise and a few other tax increases have been halted in the legislative process this time. Those are things that I am very proud to see stopped. People are taxed enough already.

One bill that bothers me is the "Move to Improve" bill. It is introduced because our school children are all obese and getting diseases like diabetes (based on inconclusive legislative findings that were not even fact-based). However, the same senator that introduced this bill also introduced the "Feed to Achieve" bill last year because our children were starving. So my question to people is actually quite simple. Has politics gotten to a point that elected officials have nothing better to do than to showboat just to gain attention? God bless everybody for allowing me the opportunity to serve each and every one of you.